Madras High CourtWP(MD)/21173/2021disposed of

Samsudeen v. The Tahsildar

2021-11-29Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD) No.21173 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.21173 of 2021 Samsudeen ... Petitioner vs.

1.The Tahsildar, Avudaiyarkoil Taluk, Pudukkottai District.

2.The Taluk Surveyor, Avudaiyarkoil Taluk, Pudukottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey and demarcate the land measuring to an extent of 3 cents comprised in Old S.No.42, New S.No.191/19, situated at Nattani Pidagai, Gopalapattinam Village, Avudaiyarkoil Taluk, Pudukottai District by considering the petitioner's representation dated 23.10.2021.

For Petitioner : Mr.T.Leninkumar For Respondents : Mr.J.John Rajadurai Government Advocate

O R D E R

Mr.J.John Rajadurai, learned Government Advocate, takes notice for the respondents.

2.By consent of both parties this writ petition is taken up for final disposal at the admission stage itself. 3.The writ petition has been filed in the nature of Writ of Mandamus, seeking a direction against the Tashildar/Avudaiyarkoil Taluk, Pudukkottai District, to measure the petitioner's lands to an extent of 3 cents comprised in Old S.No.42, New S.No.191/19 at Nattani Pidagai, Gopalapattinam Village, Avudaiyarkoil Taluk, Pudukottai District. The petitioner had given a representation on 23.10.2021 along with documents. It is also seen that the petitioner had paid necessary charges for the same. 4.Mr.T.Leninkumar, learned counsel for the petitioner states that there are rival claimants. At any rate, the Tashildar may make a preliminary enquiry with respect to that particular statement and if there are anybody else, who might be interested, issue notice, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.21173 of 2021 examine the documents of the petitioner and thereafter, do the needful after also hearing any other interested person/s. The Tashildar should complete the entire process with the assistance of the second respondent/Taluk Surveyor, Avudaiyarkoil Taluk, Pudukottai District, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sji Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Tahsildar, Avudaiyarkoil Taluk, Pudukkottai District.

2.The Taluk Surveyor, Avudaiyarkoil Taluk, Pudukottai District.

+1 CC to M/s.SPL GP ( SR-36512[F] dated 30/11/2021 ) W.P.(MD) No.21173 of 2021 29.11.2021 NSN(CO) GC(08.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2